Editorial On A Critcal Issue By Cape Vincent Citizen Dave LaMora

Dave's  well written editorial below on a very critical subject to Cape Vincent appeared recently in the WDT.

Dave's letter:


A recent decision by the highest court of New York has upheld the right of municipalities to ban fracking and other mining practices related to oil and gas exploration.

The premise of this decision is that although the state has pre-emptive powers to regulate and manage such practices if they are allowed by local zoning ordinances, it does not have pre-emptive powers over a municipality’s home rule rights to prohibit such practices if they are deemed to be incompatible with a community’s long-range land use policies established through Comprehensive Planning.

There are seemingly obvious parallels to be made to the Article X provision of the New York Power Act regarding industrial scale wind development. The state has implemented a system that gives a bureaucratic review panel the authority to trump local wind laws that purport to regulate development at the municipal level.

Town governments and citizens alike across the state should take heart at this Appellate Court ruling that gives clarity to the basis and scope of “home rule.” Instead of butting heads with the state in a challenging and possibly futile effort to protect their communities, by creating ordinances that attempt to regulate the siting of industrial turbines, a process that the Legislature has clearly intended to relegate to the PSC, it seems on the basis of this ruling that the more effective and productive action would be to prohibit turbines outright.

 Many opponents of industrial wind have been reluctant to endorse an outright ban for fear of appearing radical, nonenvironmental or that somehow it would work in the developers’ favor in an eventual showdown in court.

Well, it appears that the state Appellate Court is telling local governments that they do indeed have the right to preserve the innate physical, visual nature of their communities and protect the quality of life of their residents, under the Municipal Home Rule Law, by banning incompatible development.

I would encourage every town government to revisit their policies concerning wind development. If your goal is to avoid the harmful, negative impacts associated with industrial scale turbines, the Appellate Court has given a clear signal that prohibiting an unwanted development has a good chance of withstanding a legal constitutional challenge, much more likely to succeed than even the best wind law designed to regulate or restrict that development, pitted against the state’s Article X review process.

Home rule is a powerful tool for self-governance. This court ruling reaffirms the rights of municipalities to determine their own fate.

David LaMora
Cape Vincent


Now my comments on this matter.

In light of the recent court decision Dave discusses, it is my opinion that local NNY communities who have passed ordinances with the zoning regulation approach under the direct threat of industrial wind development should research this court decision and seriously re-think that regulation approach in favor of prohibiting this type of industrial scale development.

Although there has been a lull in wind energy development based in large part on expired subsidies, that may not last forever, and this invasive land use may arise again in our communites. 

Now is the time for communities to take a deep breath and take a second look at their wind zoning approach.

I noted in a recent personal email that the Cape Vincent Wind Power Ethics Group is having a meeting to consider their future now that BP has left Cape Vincent.  Maybe they should also research this court decision and make it their new mission to have a discussion with the Cape Vincent town govt on the matter of industrial wind zoning, home rule, and prohibiting industrial wind outright instead of trying to regulate and allow it as our current law does.

There has been a lot of "talk" about home rule among the current Cape Vincent town govt and its supporters as well as  other local govts. who were faced with the industrial wind threat...including the county.

With this new court ruling from NY's highest court it will be interesting to see if this was mostly just talk...or they were actually serious about protecting our communities with home rule.